Midway Real Estate

Bravo Company#1, and Shelby Company#2., entered into a written “Waste Disposal Agreement” under which Shelby’s allowed Bravo to deposit on Shelby’s land waste products, deleterious (harmful) materials, and debris removed by Bravo in the construction of a highway. Later, Shelby’s asked Bravo why it had not constructed a waterway and a building pad suitable for a commercial building on the property, as they had orally agreed. Bravo denied any such agreement. Shelby’s filed a suit in a Missouri state court against Bravo, alleging breach of contract. Bravo contended that any oral agreement was unenforceable under the Statue of Frauds. Bravo argued that because of the right to remove minerals from land is considered a contract of the sale of an interest in land to which the Statute of Fraud applies, the Statute of Frauds should apply to the right to deposit soil on another person’s property.